Bhaiya Lal v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko and 4 Others

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11991 of 2024 Applicant :- Bhaiya Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 4 Others Counsel for Applicant :- Rohit Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Sri Pranvesh Awasthi, Advocate on behalf of private respondents is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for private respondents, learned A.G.A. for the State and perused the record.

¶3The instant application has been filed with following prayer:- "The petitioner/applicant named above most respectfully beg to submit that for the facts, reasons and circumstances stated in the accompanying petition duly supported by an Affidavit, this Hon'ble Court may kindly be pleased to stay the entire proceeding of the Criminal Case No. 1526 of 2013 "State versus Kamlendra Tripathi and others" under section 323, 504, 506 IPC, police station - Mall, District - Lucknow, pending in the court of Additional Chief judicial Magistrate IV Lucknow, during pendency of this petition before this Hon'ble Court."

¶4Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

¶5Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

¶6Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

¶7The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

¶8For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶9Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 20.12.2024 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench